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(영문) 의정부지방법원 2018.06.20 2018고정388

농지법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who is prohibited from engaging in any land-use activity not directly related to agricultural production or improvement of farmland in an agricultural promotion zone and intends to divert farmland shall obtain permission from the competent authority, as prescribed by Presidential Decree.

Nevertheless, from March 2017 to December 6, 2017, the Defendant used farmland of 1,000 square meters in total, designated as an agricultural promotion area, as a farmland yard and place of work of building materials without obtaining permission to convert farmland.

As a result, the defendant committed a land use act not directly related to agricultural production or farmland improvement in the agricultural promotion zone and diverted farmland without obtaining permission from the competent authorities.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. The accused public official’s statement, written investigation of the illegal act, written investigation of each land register (B, C, D), written confirmation of all registered matters (B, C, D), written confirmation of each land use plan, air carrier’s certificate (the Defendant’s charge is not only half of the size of 1,00 square meters and the fine is imposed depending on the size of the violating area. Thus, according to the evidence, it is sufficiently sufficient that the size of the violating area is 1,00 square meters, and this case’s penal punishment of imprisonment with prison labor for not more than five years, or a fine not exceeding 50,000 square meters, other than the crime of Article 57(1) and Article 34(1) of the Farmland Act, has a relation between a violation of Article 58 subparag. 1 and Article 32(1) of the Farmland Act and a commercial concurrence with that of Article 58 subparag. 1, 32(1) of the same Act, and thus, the Defendant’

1. Article 57 (1), Article 34 (1) of the Farmland Act (limited to the diversion of farmland without permission), subparagraph 1 of Article 58, and Article 32 (1) of the Farmland Act (limited to the violation of restrictions on the act of utilizing farmland in an agricultural promotion area) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;